A divorce terminates a marriage effective on the date of the judgment. An annulment voids a marriage as if it never happened. That is the main difference for an annulment vs divorce. A Marriage Annulment may relieve one party of some legal or financial obligations incurred by his/her former spouse, but obligations of spousal and/or child support and other property laws may still apply.
How to End a Marriage by Annulment in Canada
Grounds for an Annulment are limited throughout Canada. Proving that one meets the conditions for a Marriage Annulment can take longer and cost more than going through the Divorce process. Before filing for a Marriage Annulment, consult with an experienced family law lawyer.
If you are seeking an Annulment in Ontario, Fine & Associates Professional Corporation in Toronto can help. Our lawyers can help you navigate the laws governing marriage and legal separations. We can help you prepare all the documents you will need to apply for an Annulment and proceed to Court.
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Key summary of grounds for getting an annulment
The court will only grant the annulment of the marriage if one of the following conditions applies:
- One spouse was already married but the other did not know about the previous marriage.
- One spouse did not understand that the ceremony he/she was participating in was a marriage ceremony.
- One spouse did not have the mental capacity to enter into a valid marriage contract.
- One spouse was intoxicated to the point that consent could not be given.
- The marriage was fraudulent or entered to under duress.
- One spouse was under 18 years of age and did not have a parent’s consent.
- Because of physical inability or mental condition unknown at the time of marriage, the marriage could not be consummated.
Grounds for an annulment explained:
Prior Marriage Still Stands
If one of the individuals was married prior to the relationship and that marriage still stands, the marriage is not valid in Ontario. Note that this particularly applies to jurisdictions in which polygamy is illegal.
Annulment Due to Threats
If the marriage was undertaken due to threat or duress – a so-called “shotgun wedding” – the marriage is not valid. Individuals must enter into marriage under their own free will, not under the threat of violence or other harm.
Lack of Understanding Leading to Annulment
If one or both parties involved in the marriage were mentally unable to understand that he or she was getting married – due to issues ranging from mental incompetence to intoxication – the marriage can be declared void.
Close Relation
Close relations, such as a sibling pair, a parent/child, and the like are unable to be married in Ontario. These marriages are considered to be de facto illegal, and obtaining an annulment in such a situation is a relatively quick affair.
Unable to Consummate
This factor is a bit less common than the others on the list. In this case, the marriage can be voided because one of the parties is unable – not unwilling, but unable – to consummate the marriage. This only occurs if the other party entered the marriage with a reasonable expectation of consummation.
Underage Marriage
If either party was under the age of 18 and did not have parental consent, the marriage can be annulled in Toronto.
Marriage by Mistake
Surprisingly, it is possible to get married by accident. If one or more of the parties did not realize that the ceremony undertaken was actually a binding wedding ceremony, the wedding is not considered to be valid and the process can be annulled.
Annulment and Duress:
A spouse may ask annulment of the marriage on the basis of “duress”. Duress negates consent to the marriage. It is a very difficult argument to make. In determining whether or not a person can use the “duress” to invalidate a marriage, a court must examine the following:
- A party’s emotional state at the time of the marriage ceremony;
- The party’s vulnerability;
- The time between the alleged coercive conduct and the marriage ceremony;
- Whether the marriage was consummated;
- The residence of the parties during the marriage;
- The amount of time until the start of the annulment proceedings.
How Fine and Associates can help you with your marriage annulment
If one of the grounds for an Annulment applies to you, an experienced Family Law Lawyer can help you successfully complete the Annulment process. Call us or request a free initial consultation.